Regulations of the People's Republic of China on Penalties for the Violation of Public Security Administration
Regulations of the People's Republic of China on Penalties for the Violation of Public Security Administration
Regulations of the People's Republic of China on Penalties for the Violation of Public Security Administration
Order of the President [1986] No. 43
September 5, 1986
Adopted at the 17th Meeting of the Standing Committee of the Sixth National People's Congress on September 5, 1986
Contents
Chapter I General Provisions
Chapter II Types and Application of Penalties
Chapter III Acts Violating the Administration of Public Security and Penalties
Chapter IV Ruling and Enforcement
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening the administration of public security, maintaining social order and public safety, protecting the lawful rights of citizens and guaranteeing the smooth progress of the socialist modernization.
Article 2 Whoever disturbs social order, endangers public safety, infringes upon a citizen's rights of the person and encroaches upon public or private property, if such acts constitute a crime according to the Criminal Law of the People's Republic of China, shall be investigated for criminal responsibility; if such acts are not serious enough for criminal punishment but should be given violation of public security administration, penalties shall be given according to these Regulations.
Article 3 These Regulations shall apply to acts violating the administration of public security within the territory of the People's Republic of China, except when otherwise stipulated by law.
These Regulations shall also apply to acts violating the administration of public security aboard ships or airborne vehicles of the People's Republic of China.
Article 4 In dealing with those who violate the administration of public security, public security organs shall adhere to the principle of combining education with punishment.
Article 5 Acts caused by civil disputes which violate the administration of public security, such as brawling and damaging or destroying another person's property, if the adverse effects are minor, may be handled by public security organs through mediation.
Chapter II Types and Application of Penalties
Article 6 Penalties for acts violating the administration of public security are divided into three types as follows:
1. warning;
2. fine, ranging from a minimum of CNY1 to a maximum of CNY200. In cases where Articles 30, 31 and 32 in these Regulations stipulate otherwise, such provisions shall be observed; or
3. detention, ranging from a minimum of one day to a maximum of fifteen days.
Article 7 Property obtained and contraband seized through acts violating the administration of public security shall be returned to the owner or confiscated according to relevant provisions. Instruments belonging to the offender used in acts violating the administration of public security may be confiscated according to relevant provisions. Detailed measures shall be stipulated separately by the Ministry of Public Security.
Article 8 When losses or injuries are caused by acts violating the administration of public security, the offender shall compensate for the loss or bear the medical expenses; if the offender is not an able person or is a person of limited ability, unable to compensate for the loss or bear the medical expenses, his guardian shall make the compensation or bear the medical expenses according to law.
Article 9 Acts violating the administration of public security committed by a person between fourteen and eighteen years of age shall be given relatively light penalties; acts violating the administration of public security committed by a person under fourteen shall be exempted from penalties, but a reprimand may be given and his guardian shall be instructed to subject the offender to strict discipline.
Article 10 A mentally disordered person who violates the administration of public security at the time when he is unable to recognize or to control his own conduct shall not be penalized, but his guardian shall be instructed to keep a strict guard on him and subject him to medical treatment. An intermittently insane person who violates the administration of public security while in normal mental condition shall be punished.
Article 11 A deaf-mute or blind person who violates the administration of public security due to his physiological defects shall not be penalized.
Article 12 An intoxicated person who violates the administration of public security shall be penalized.
An intoxicated person who may cause danger to himself or who threatens the safety of others due to his drunken state shall be restrained until he returns to a sober state.
Article 13 If a person commits two or more acts violating the administration of public security, rulings shall be made separately but executed concurrently.
Article 14 When acts violating the administration of public security are committed jointly by two or more persons, they shall be penalized separately according to the seriousness of each person's case.
Whoever instigates, coerces or induces others to violate the administration of public security shall be penalized according to the seriousness of the acts he instigates, coerces or induces.
Article 15 For acts violating the administration of public security committed by government offices, organizations, enterprises or institutions, penalties shall be given to the persons directly responsible; if the acts are committed at the order of persons in charge of units, such persons shall be penalized at the same time.
Article 16 Penalties for acts violating the administration of public security shall be mitigated or exempted under any of the following circumstances:
1.
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